Legal Unit 3 AOS2- Types of remedies

Question 1

Types of civil remedies

Answer 1

• Damages
• Injunctions

Question 2

Damages

Answer 2

An amount of $$ awarded to the plaintiff in civil case paid by the defendant

Question 3

General purpose of damages

Answer 3

Return the plaintiff to position they were in before wrongdoing occurred to the extent possible

Question 4

Types of damages

Answer 4

Compensatory damages
- Specific damages
- General damages
- Aggravated damages

• Nominal damages
• Contemptuous damages
• Exemplary damages

Question 5

Compensatory damages

Answer 5

Specific purpose
- To restore plaintiff as much as possible to the position they were in before infringement occurred
- Aim to makeup for both past & future losses

• Most common type
• Specific, general & aggravated are all categories in this

Question 6

Specific damages

Answer 6

Specific purpose
- To compensate plaintiff for past & future losses that are easily quantifiable
- E.g. medical expenses

Question 7

General damages

Answer 7

Specific purpose
- To compensate plaintiff for past & future losses that are not easily quantifiable
- E.g. loss of amenity

• Court will use parties evidence to decide amount

Question 8

Aggravated damages

Answer 8

Specific purpose
- To further compensate plaintiff where the court believes the defendant’s conduct made the case unnecessarily more difficult
- E.g. humiliating or embarrassing the plaintiff

Question 9

Nominal damages

Answer 9

Specific purpose
- To confirm the plaintiff’s rights have been infringed even though the loss was not substantial

• Small amount awarded to show that by law plaintiff was right
• Only damages alone awarded

Question 10

Contemptuous damages

Answer 10

Specific purpose
- To show that even though the plaintiff’s claim succeeded legally, the court disapproves of it in moral terms

• Small amount awarded to show that plaintiff does not deserve any damages
• Only damages alone awarded

Question 10

Exemplary damages

Answer 10

Specific purpose
- To punish + deter the defendant & others where conduct is malicious and in disregard of plaintiff

• Can be awarded on top of compensatory damages
• Only remedy that aims to punish & deter
• Generally a large amount
• Rare

Question 11

Injunction

Answer 11

An order for the defendant in a civil case to do or not do something

Question 12

General purpose of injunctions

Answer 12

Rectify a situation caused by the defendant

Question 13

Types of injunctions

Answer 13

• Restrictive injunctions
• Mandatory injunction
• Interlocutory injunction
• Final injunction

Question 14

Restrictive injunctions

Answer 14

• Ordering defendant to refrain from doing something
• E.g. demolishing building
• Most common type

Specific purpose
- To prevent harm/further harm from being caused to the plaintiff

Question 15

Mandatory injunctions

Answer 15

• Ordering defendant to do a particular act
• E.g. removing defamatory articles
• More rare as it is more likely to come back to court on technicalities

Specific purposes
- To prevent further harm by ensuring an action that fixes the situation to occur

Question 16

Interlocutory injunction

Answer 16

• Temp injunction awarded quickly in an urgent situation
• Usually granted after urgent hearing & can be made final or overturned
• Categorised according to length

Specific purpose
- To preserve the position of the parties until a final determination of matter is made

Question 17

Final injunction

Answer 17

• Permanent injunction granted after the case has been heard in full by court
• Categorised according to length

Specific purpose
- To provide a long-term resolution to the dispute